BILL NUMBER: SB 287	CHAPTERED  08/30/99

	CHAPTER   268
	FILED WITH SECRETARY OF STATE   AUGUST 30, 1999
	APPROVED BY GOVERNOR   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 16, 1999
	PASSED THE ASSEMBLY   JULY 15, 1999
	AMENDED IN ASSEMBLY   JUNE 22, 1999
	AMENDED IN ASSEMBLY   MAY 10, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Baca
   (Coauthor:  Senator Figueroa)
   (Coauthor:  Assembly Member Alquist)

                        FEBRUARY 2, 1999

   An act to add Section 834c to the Penal Code, relating to law
enforcement.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 287, Baca.  Law enforcement officers:  arrest of foreign
nationals.
   Existing law requires every law enforcement agency in California
to fully cooperate with the United States Immigration and
Naturalization Service regarding any person who is arrested if he or
she is suspected of being present in the United States in violation
of federal immigration laws.
   This bill would require California law enforcement agencies to
ensure that policy or procedure and training manuals incorporate
language based on the provisions of the 1963 Vienna Convention on
Consular Relations Treaty.  The bill also would require every peace
officer, upon the arrest and booking or detaining of a foreign
national for more than 2 hours, to advise the foreign national that
he or she has a right to communicate with an official from the
consulate of his or her country, except as specified.  The bill
additionally would require the peace officer or a pertinent official
of his or her agency or department to follow prescribed procedures in
notifying and accommodating the consular officers at the consulate
of the arrestee.  Because this bill would implement a federal act, it
would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 834c is added to the Penal Code, to read:
   834c.  (a) (1) In accordance with federal law and the provisions
of this section, every peace officer, upon arrest and booking or
detention for more than two hours of a known or suspected foreign
national, shall advise the foreign national that he or she has a
right to communicate with an official from the consulate of his or
her country, except as provided in subdivision (d).  If the foreign
national chooses to exercise that right, the peace officer shall
notify the pertinent official in his or her agency or department of
the arrest or detention and that the foreign national wants his or
her consulate notified.
   (2) The law enforcement official who receives the notification
request pursuant to paragraph (1) shall be guided by his or her
agency's procedures in conjunction with the Department of State
Guidelines Regarding Foreign Nationals Arrested or Detained in the
United States, and make the appropriate notifications to the consular
officers at the consulate of the arrestee.
   (3) The law enforcement official in charge of the custodial
facility where an arrestee subject to this subdivision is located
shall ensure that the arrestee is allowed to communicate with,
correspond with, and be visited by, a consular officer of his or her
country.
   (b) The 1963 Vienna Convention on Consular Relations Treaty was
signed by 140 nations, including the United States, which ratified
the agreement in 1969.  This treaty guarantees that individuals
arrested or detained in a foreign country must be told by police
"without delay" that they have a right to speak to an official from
their country's consulate and if an individual chooses to exercise
that right a law enforcement official is required to notify the
consulate.
   (c) California law enforcement agencies shall ensure that policy
or procedure and training manuals incorporate language based upon
provisions of the treaty that set forth requirements for handling the
arrest and booking or detention for more than two hours of a foreign
national pursuant to this section prior to December 31, 2000.
   (d) Countries requiring mandatory notification under Article 36 of
the Vienna Convention shall be notified as set forth in this section
without regard to an arrested or detained foreign national's request
to the contrary.  Those countries, as identified by the United
States Department of State on July 1, 1999, are as follows:
   (1) Antigua and Barbuda.
   (2) Armenia.
   (3) Azerbaijan.
   (4) The Bahamas.
   (5) Barbados.
   (6) Belarus.
   (7) Belize.
   (8) Brunei.
   (9) Bulgaria.
   (10) China.
   (11) Costa Rica.
   (12) Cyprus.
   (13) Czech Republic.
   (14) Dominica.
   (15) Fiji.
   (16) The Gambia.
   (17) Georgia.
   (18) Ghana.
   (19) Grenada.
   (20) Guyana.
   (21) Hong Kong.
   (22) Hungary.
   (23) Jamaica.
   (24) Kazakhstan.
   (25) Kiribati.
   (26) Kuwait.
   (27) Kyrgyzstan.
   (28) Malaysia.
   (29) Malta.
   (30) Mauritius.
   (31) Moldova.
   (32) Mongolia.
   (33) Nigeria.
   (34) Philippines.
   (35) Poland (nonpermanent residents only).
   (36) Romania.
   (37) Russia.
   (38) Saint Kitts and Nevis.
   (39) Saint Lucia.
   (40) Saint Vincent and the Grenadines.
   (41) Seychelles.
   (42) Sierra Leone.
   (43) Singapore.
   (44) Slovakia.
   (45) Tajikistan.
   (46) Tanzania.
   (47) Tonga.
   (48) Trinidad and Tobago.
   (49) Turkmenistan.
   (50) Tuvalu.
   (51) Ukraine.
   (52) United Kingdom.
   (53) U.S.S.R.
   (54) Uzbekistan.
   (55) Zambia.
   (56) Zimbabwe.
   However, any countries requiring notification that the above list
does not identify because the notification requirement became
effective after July 1, 1999, shall also be required to be notified.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
this act implements a federal law or regulation and results only in
costs mandated by the federal government, within the meaning of
Section 17556 of the Government Code.
